was there any reaction to this ruling when oliver wendell holmes made it? >> there was and you're right to say eugenics permeated the culture, and the reaction was largely positive, and as i said, thought leaders, as the president of harvard university, was saying that eugenics was a good thing. ther to do said it was -- theodore roosevelt said it was a good thing and the press was in that camp as well. it's interesting to read articles before 1927, happy reports about eugenic activities and great this new group has risen up and is counseling people on who to marry and teach about eugenics the press coverage was very positive leading up to buck v. bell and then the reaction was largely positive. there were some editorials and articles that were more skeptical, but overall whelmingly positive. the one group that was opposed to eugenics all the way through was the catholic church, and they are really in many ways the heros of the story. when legislatures met to consider eugenic sterilization laws, progressives were very troubled to realize that the sort of pe

wendell pierce is on the panel tonight. i'm very excited about that, very excited.s man is an amazing actor. he plays u.s. supreme court justice clarence thomas in hbo's upcoming "confirmation." we'll ask him if it's a speaking role. ( laughter ) "why i got no lines, hbo? why i got no lines?" that was the casting meeting. but, first, i want to talk about another supreme court justice with no pulse, antonin scalia. now, as you may remember, scalia passed away recently when he was allegedly not murdered by one of these five pillows. ( laughter ) i'm just sayin'! i'm the messenger, you guys, i'm the messenger. but even as a ghost in search of vengeance, scalia is making controversial news. >> law students at george mason university are worried a name change could pigeonhole their future careers. the law school announced it will change the name to the antonin scalia school of law to honor the late supreme court justice. >> larry: well, it didn't take long for the internet-- you know where i'm anything, right? this is what i love about the internet. it didn't take long f

in addition to the one we talked about earlier, oliver wendell holmes.iam day, lump pitney -- louis brandeis and john clark. the only other name that rings a bell to me is louis brandeis. was this a distinguished court? why do we not know more about the chief justices at the time? tom coburn the court really does decide a number of very important transitional questions in american law. we are still in a sense in the era you have talked about in the in which theams, supreme court is recognizing a broader set of rights, for example the liberty of contract, and is becoming more assertive, being more willing to strike down laws can't has an active -- congress has enacted. in terms of who is famous in history, it really is holmes and brandeis. the other members don't really shine out. in part it is because holmes and brandeis have this incredibly evocative way of writing. shouting fire in a crowded theater, clear and present danger, the phrases from schenck , are really ones that really brings your history. and that is part of why we remember holmes, in addit

susan: as i mentioned earlier, oliver wendell holmes was engaged in a philosophical discussion with a colleague in the federal courts about the rights of free speech, and what the limitations should be. who was the judge hand? thomas: he was probably the most famous judge not to make it on the supreme court. he was extremely inferential, regarded as equal as any judge in the air. -- of the era. he did have very pointed decisions in response to schenck that suggested the standard ought to be more productive of free speech than holmes was willing to in schenck. susan: we know that in june 1918, he and justice holmes had communication about that. we will learn more about that by returning and hearing about this famous conversation and how it may have influenced or not the justice's thinking. [video clip] >> it was the end of the term in june of 1918, justice holmes traveled with his wife and they went through new york. after a while, he got up and went walking, and came across learned hand, who led a district court judge in new york. they sat down to talk and began to discuss the questio

. >> this was the bar and restaurant >>> wendell and his friends, the lake was the rivera in the '50sand '60s, back when you could catch it: residents have not caught a big fish for a long time. the see is shrinking. scientists say it's an ecological time bomb. increased health costs could reach as high as 70 million over the next 30 years, according to a pacific interview report. >> they call this the accidental sea formed in 1905, when the colorado river breached a dyke and spent the next two years. rain fall and salty run-off from farms kept the lake filled. water levels dropped. as part of a legal agreement, since 2003, they have been transferring part of the water. the salty sea is a victim of the messy water wounds. >> the bottom line is san diego, as a result of the drought. they needed more water. they got the water from the district up here. they pay for that water. they pay for the conservation measures. the governor tapped ecologist bruce to figure out a way to save the sea. a major concern, all the dust exposed as the water recedes. this is an agricultural area, most of th

. >> we did a lot of background on to wendell with our security team and with the league security and again he was never charged with anything. and we're very comfortable bringing him in here. and he got to prove it on and off the field but we have no doubts about what kind of player and person he is. >>> the eagles picked an offensive tackle with their other pick. in the sixth and seventh round they are going all defense. carson wentz is the big prize in the draft. the north dakota state product will spend most of the season watch and learning. the eagles released the phone call they made with wentz on draft day. >> what's going on. howie, how we doing, bud? >> doing great. >> you ready to be an eagle? >> yes, sir. >> we're excited to get you, man. we're going to have a lot of fun. >> carson. congratulations. you ready to join the eagles family? >> yes, i am. real excited. >> we can't wait to see you tomorrow and a long time leading up to this. i know you been waiting but i can't tell you, we can't be more excited. >> how you doing, man? >> doing great. >> you seem like you are calm

that hasn't happened since when when wendell willkie came in with 6% of the vote and came out with the nomination. in 1976, you had ronald reagan and gerald ford. ford had the majority of the delegates and was able to get the majority and that's the last truly contested convention. but what the people inside washington are hoping for, because they dislike donald trump and ted cruz so much, that someone -- perhaps kasich, or paul ryan, or marco rubio can get vote after vote on delegation floor. the convention floor somehow gets the nomination. fernando: but in that scenario, millions of people will have voted growth ted cruz and donald trump. what do you think people will think if the republican establishment engineers a different nominee? john: they will be infuriated. has said riots in the streets. you typically don't see white, middle class, old people riot in the streets. but they will be very angry and might decide not to vote for whoever the republicans nominate. i think it's a risky strategy. in many ways, it's fantasy land. republicans have to come to grips with the fact that it

in the fifth round eagles picked running back wendell small wood from west virginia, the wilmington delawareative led the big 12 in rushing last year and ran a 4:46, 40-yard today. he was arrested for witness intimidation case but charges were dropped. eagles say they felt comfortable choosing small wood. >> didn't do anything wrong. went to see a fellow and there was no indication that anything he did was wrong in that. the school did its own investigation as well briefly into the team. he was put out at the face of the team for media day at west virginia when he talked to the people and from doing our own research we felt comfortable about him. >> so far no team has drafted temple linebacker tyler matakevich. he won the chuck bednarik award as the best defensive player in the country. he was expected to be draft node later than the fifth round. a couple of his teammates were picked however. defensive lineman matt went into the fifth round to washington. >>> jerad eickhoff takes the mound for the phillies tonight when they take on the indians. fightans on a four game winning streak. they're

wendell pierce is on the panel tonight. i'm very excited about

justice oliver wendell holmes. he thought that law was perfectly constitutional. even though the lochner court thought it violated the 13th amendment. ms. swain: i only have 15 minutes, and so much to discuss about this ace. let me ask you to compress 35 years of history. you said this initiated the so-called lochner era. what is that refer to? bit of as: it is a misnomer, lochner becomes the symbol of this era, and subsequent due process, the heart of this battle. this is a battle over franklin delano roosevelt's deal with the depression through government action. the flaunting of those attempts by the supreme court up until 1937. what happens in 1937, the story of roosevelt trying to pack the courts. that let's listen to franklin -- ms. swain: let's listen to franklin roosevelt in 1937 complaining about the supreme court in a fireside chat. president roosevelt: as improperly the court has said -- set itself up as a third house of congress. a super legislature as one of the justices have called it, reading into the constitution words and applications which are no

in new mexico he has to wendell gats there. delegates in the month of june to be the predump tive nominee. >> 95 on the board today. >> some other news for you classified pages of the 9-11 report may soon become public documents. the release could create international implications as some officials hint at a possible saudi tie to the attacks. >> kristin fisher with what the president has to say about the 28 pages. this is a rumor something we have heard before, right? >> that is right. president orb sabama says the t ranking official is reviewing the 28 classified pages of the 9-11 report to make sure whatever is released would not compromise the national security. the white house is under mounting pressure with victims of family including nancy pelosi to de classify these document oos. they believe they have a right to know what role if any the saudis play in supporting the 9-11 hijackers. there needs to be justice. it is time to de classify the 28 pages. >> they want congress to pass a bill that would allow victims on u.s. to

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to me it is to wendell gats. person standing who can beat hillary. >> as for ted cruz, he has been polling a distant third in new york. every candidate will be campaigning in new york ted cruz has moved on to maryland. >> crooked clinton. see how that plays out. >> we will look wand see who is talking. the gop process is rigged. they are saying the rules are the rules. >> there is nothing that is rigged or being changed or altered. they are in place basically for over a century. the dell gaths gages plans by october 1st of 2015. the rules are set i have been pretty clear i have done more tv in the last two weeks than i have in two years because i am not going to allow any one to rewrite the rules of our party. >> let's keep talking about trump slamming the gop system. is it time to change the delegate process? log on to our facebook page after the show and weigh in with the hashtag keep talking. >> a missing army veteran and his wife feared death this morning. they are armed and dangerous and on the run. we are h

there is a quote by my favorite writer and hero who is featured in the book, wendell berry, and maybeasing with apologies but he says he likes people who see the work with that needs to be done and they get to doing it. and i think that's what gumption is about, is people with the grit and the gravel and the pith to roll up their sleeves and get to work. they don't go shopping for anything on amazon. they make themselves a tool from an ash tree. >> stephen: they know they will have to put somewhere so they bring their own damn table. [ cheers and applause ] >> well, that might be the actions of someone aspiring to gumption. >> stephen: the most gumption-ee person you gave me an example of, the one that resonates the most for me is theodore roosevelt right there. [ applause ] >> stephen: what is the most gumption-y thing about tr? >> gosh, every cell of his mustache, but -- there is a story i recount in the book, this is a great example of gumption. he was in the wilderness of north dakota, miles from, you know, the nearest postage stamp, and it was winter, and some fiscally wags stole

wendell phillips described lincoln as a growing man whose views changed in light, and might change again. before his death, the abolitionist lydia child wrote, "i think we have reason to thank god for abraham lincoln." with all his deficiencies, it must be admitted that he has grown continuously. it was good luck to have the people elect a man who was willing to grow." frederick douglass noted lincoln's willingness to listen to criticism, and said he was patient under reproaches. lincoln's openness to criticism was closely connected with his magnanimity. he learn from people who spoke harshly and unfairly of him. miller aptly describes lincoln as someone who had strong moral convictions and gave strong arguments about the morality of slavery without being moralistic or self-righteous. lincoln frequently make judgments about the rightness and wrongness of actions and the justice or injustice of institutions, but he seldom condemned other people. he condemned the institution of slavery in the strongest terms, but he called it a monstrous injustice and said he hated it, but he did not conde

of the greatest judges in the courts history is always counted as one of the top three from oliver wendell holmes. eisenhower said earl warren was the biggest damn fool. you can't tell. once a person gets on the court they really have -- their allegiance shifts to the institution of the court , and let's take somebody like chief justice tony usually remembered only for slavery case decisions dred scott, but if you take the slavery cases out of the mix he is a strong nationalist has john marshall was before him, and jackson appoints tony to be the anti- marshall. so you can't really tell how these things will work out. wilson appointed mcreynolds essentially to get him out of the cabinet, big mistake. cabinet, big mistake. like any great constitutional conversation, i wish this could go on and on. the whole point of this wonderful book is the importance of the constitution is a conversation in the contribution that dissenting views can contribute, and this last question asks, is that you realistic in the sense that has dialogue become nastier over time, or is the court a good model? ifyou b

headed towards nominationing an isolationist and no, let's just get rid of all these guys and take wendell wilkie. i'm not saying we're in the same moment but sometimes a party has to become adult and its leaders have to say we'll take the attacks, we're going to take the criticism but pushing this stuff aside. because it doesn't work. >> they weren't going to run as an anti-war party either. they did it again in '52 with ike. >> by the way, america first which is -- donald trump. using recently. >> he doesn't know, does he? >> no way. >> i didn't know, mussolini but, look, i don't say this casually. at a certain point this party has to become an adult party. >> i think you're speaking normanatively. it's going to happen. >> no, if the -- if your interest is incontinuity of it you can't nominate trump. if in terms of what's the most -- so i think that -- what is the most divisive, not nominating trump. soy -- sflt worse thing that happened to the republican party is nominating trump. you four. is nominating trump the worst thing. >> yeah. >> hands. >> it depends on what comes afterward. >>

you have to go back to wendell wilke -- i think the problem trump would have is these general election if you're looking at the kind of poll numbers he's facing, particularly among the key groups, millennials, minorities, college women, it's a big hurdle for him -- >> here's the question, can you bypass the number one finisher, the number two finisher and pick someone who didn't run at all and not have a complete revolt within your party? the party establishment may try and do that because they may reason that is less dangerous than having donald trump as the nominee, but -- >> and they're not sure cruz is much better. >> but it depends on the margin. if donald trump goes in to this convention 50 delegates away, i don't think anybody can deny -- it will happen. but if he goes in a few hundred delegates away or a couple hundred delegates away, i think anything can happen. and, by the way, you can't actually know how many delegates you have until you're there unless they're totally committed to you. >> i think the rnc and establishment republicans have set this up where donald trump can

wendell callahan 35 years old. out of prison not on a commutation but cut back the sentencing and what did he do. >> is he in all kinds of trouble, again, prior weapons charges. drug convictions. he got out after serving just a small portion of his overall sentence, which was supposed to be 12 and a half years. he got out in august. in january he allegedly and is now charged with the murders of his ex-girlfriend, her 7-year-old and 10-year-old daughter stabbing them to death. >> allegedly charged with three murders, two have children after serving a minor sentence for cocaine dealing? is he a cocaine dealer. >> he had previous weapons charges as well. >> is he no longer nonviolent offender if is he pronounced guilty. thank you very much our truth serum crew. when we come right back, bernie goldberg on the unpopularity of the two primary presidential contenders right now. watters on why black americans are supporting secretary clinton. those reports after these messages. don't let dust and allergies get between you

experience no experience in dealing with legislatures the answer is that there has been nobody since wendel wilkie's nomination in 1940, a utility eck tiff. the curious thing about wilkie is that he did have a bit of political experience. he was a committeeman for hall. wilkie ran as the republican an dat-- candidate, the tamine machine of the democratic party was his only previous experience something which distressed some republicans in 1940 greatly. one of them said i'm all for the church converting a whore but i don't want her leading the church service the first sunday morning. and that aspect of wilkie caused considerable division within the republican party. but if you say has there been anyone like donald trump before who had no previous political experience and who was-- who aroused anger against a particular ethnic groups, no. i think this is a-- unique phenomenon. a uniquely disturbing phenomenon. >> there have been anti-establishment candidates who had been nominated before. gold water mcgovern. but in-- this is different, are you saying. >> this is different. i think this is di

two, that if trump doesn't get a on the of delegates first ballot it will be difficult for him to wendellats on subsequent ballots and of conventional wisdom that the party is not as worried about a public relations republican the frontrunner don't win the nomination as some people thought they might be, those wisdom have all set in. retty close to universal, it gets low but how low? >> it's bad, because we said wisconsin would give the trump a shot in the arm and it isn't going to apply much in new york and maybe not in the after that, in the northeast. but where the shot in the arm omes from is that conventional wisdom. if the party feels they can get away with stopping trump and first ballot a victory and can survive that, change. a big c >> this is one of the things where perception feeds reality. if you think you can do it. needs to get a majority. his life will be much rougher if majority.get a >> let's turn to ted cruz. texas senator's high this week was a new reality captured erfectly be a "new york times" story this morning the headline, g.o.p. donors defeat donald trump learn to

a last stretch of campaign and he is going to have an impressive win on tuesday and is poised to wendellell and new york and rhode island but he is poised to win a last states but you look at california and that is the state i am focusing on, three degrees in each district, in the congressional three district, he has to have three reliable and good people in each district. does he have that? i am not sure. ted cruz has had a lot on the ground a long-term in california. >> we will take a look at that. as we pointed out in the last couple of weeks in the closed conventions, not statewide caucus or primaries cruz has done well, and has basically shut out donald trump in colorado and in wyoming, but, as you hook at the primary map, donald trump is scheduled, it seems like he will do well in new york and following week in pennsylvania and other states along the east coast, your sense, his brother specifics for getting to 1,237, the majority before cleveland. >> the advantage he is the only one who can get to 1,237 putting him in a boater position than rivals. he need as advantage night in new

and no, let's just get rid of all these guys and take wendell wilkie. i'm not saying we're in the same kind of moment, but what i am saying is sometimes a party to become adult and its leaders have to say, we're going to take the attacks, we're going to take the criticism but pushing this stuff aside because it doesn't work. >> they weren't going to run as an anti-war party either. they did it again in '52 with ike. >> that's exactly right. >> by the way, america first which is -- donald trump. he's been using it recently. >> he doesn't know, does he? >> no way. >> didn't know mussolini either, but, look, i don't say this casually. at a certain point this party has to become an adult party. >> i think you're speaking normatively. it's going to happen. >> no, i think think this -- if your interest is the incontinuity of it, you can't nominate trump. if in terms of what's the most -- so i think that -- what is the most divisive, not nominating trump. >> so the worst thing that happened to the republican party is nominating trump. no, you can't do that. yo

hbo films retells the story in "confirmation," starring kerryry washington and wendell pierce as thomas. >> if what you say this man said to you occurred, why in god's name when he left his position of power or status or authority over you, why in god's name would you ever speak to a man like that the rest of your life >> that's a very good question. and i am sure that i cannot answer it to your satisfaction. i have suggested that i was afraid of retaliation.e i was afraid of damage to my professional life.pr i believed that you have to understand that this kind of response is not atypical, and i can't explain it. it takes an expert in psychology to explain how that can happen.e but it can happen. because it happened to me. >> ifill: anita hill, now a professor of law at brandeis university, joins me now.un you said you watched this film about a week ago. did you hesitate at all to relive that again? >> well, i've relived it on other occasions, and so this wasn't the first time.i there was a documentary a couple of years ago. >> ifill: it was called "anita." >> it was called "anita." it

wendell pierce probably best known as detective bunk in the wire is going to play clarence thomas, thomascourse been on the court for 25 years. greg kin ear plays joe biden, he was the chair of the judiciary committee in those hearings, he has done okay for himself the last 25 years and williams is going to play ted kennedy, he was another top democrat on that judiciary member on that those hearings. clarence thomas survived that bruising battle 52-48 confirmation vote, the fewest votes ever to successfully confirm a member of the supreme court. just recently asked a question in the case for the first time in ten years, not a very vocal justice. anita hill continued her academic career now she is a professor at brandeis university. >>> now to italy, breaking news, this moments ago we want to tell you about it, bernie sanders touching down in rome, this is for a conference at the vatican. sanders taking a break from the campaign here in new york with only days to go before what is probably a do or die contest for him. these are live pictures. those are the pictures you're looking at, we're

. >> i saw wendell pierce on that a few weeks ago. he says watch it. he said trust me.s that people are talking about. >> there is such a fascination with the cases that fascinated us years ago. you have perspective and new details. it will be a big one. >>> still to come, how one local news anchor fired back after getting a lot of unwelcome getting a lot of unwelcome comments about a selfie she that's not fair, he should give you your rollerblades back. anddddd, she's back. storm coming? a very dangerous cheese storm. so you have 20 more bags. mhm. my yoga instructor calls it the death spiral. i call it living the dream. american express presents the blue cash everyday card with no annual fee. cash back on purchases. see you tomorrow. backed by the service and security of american express. one dark chocolate rises masteringabove the rest.inement. lindt excellence created by our master chocolatiers. pure, rich, elegantly thin. experience excellence with all your senses. from the lindt master chocolatiers. ifor all the wrong reasons.gical you may be muddling through alle

from and it's coming to this area nothing unusual is just packed from the toll plaza often on ed wendellity. this is your commute and with troublespots not there once again and tracking the hot spot in downtown oakland and 90 u.s. at a south i'll have another update. >> james: what to look at what creek at 680 traffic heading out. it is a bit cloudy over had it shows overcast to distance is not just with the bay shore line it is brought the entire area. it is pretty widespread there will be a few breaks that will come away. we will densely see some sunshine. will not be a bright sunny day there will be a lot of cloud cover. this is a system or watching coming from the gulf of alaska. it's a lot of energy toward the coesite and we feel what today in the form clouds and wind. that is what pothead by fred the day and a chance for rain will be awake wednesday night if not thursday morning. it could be an entire day of light showers on thursday. it's not a major system is only last wednesday. friday into the weekend looks great. temperatures will get back to the 80 degree mark. it showed that

. >> wendell pierce is playing clarence thomas. >> it was a wild time.>> it was another t.v. situation. we were glued to the t.v.. that and the oj case. >> the whole country was talking about it. >> confirmation on hbo. saturday night it with some pretty good work over there. >> jennifer lopez she does not stop! j lo doesn't stop. american idol and she has a hit t.v. show. she dropped a new single last week and she is on the cover of next month's w magazine. she talks about her career and she says something she's never done before. >> cosmos is your fat? while i ain't down with that. your waist is small and your curves are kicking and i am thinking about sticking to the beanpole days in the magazine. you a thing misting . give me a sister . that was written about j lo. she is reading it like a dramatic poem. >> he was written about her famous derrihre. we like j lo. we saw her perform in the bronx. >> coming up, we have all seen pictures of probably don't know what happened behind the scenes. the cost of all you have to be like ultra venus important to get in. we tried to cra

oliver wendell holmes, great supreme court judge says no one should pay a nickel more in taxes than they owe and in america, we decided the irs can challenge us, but we decide what we have. having said that, some of these people have themselves been ranting and raving against bavaria dvd that day in their family members have apparently not been exposed having done. stuart: in particular, china's leader -- >> that's a very serious situation. people are executed in china for acts of corruption, not nearly as serious as this. stuart: the prime minister of iceland may have to step down this week because of revelation in the panama papers about him keeping money and not sure account in the middle of the crash. >> correct. i've parliamentary procedure as a snap vote this afternoon of no confidence with no notice whatsoever. stuart: you see judge, a the parliamentary democracy because of a constitution. i have yet to see an american name, a prominent american name in these documents. i've not gone to 11 million of them is a mac i think of a prominent american name is ever would've known it by n

. >> wendell pierce is playing clarence thomas.